Patna High Court
Phulendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs. 10,000 and specified conditions.
Summary
Phulendra Yadav was arrested in connection with a dowry‑death case (Lokaha P.S. Case No. 54 of 2025) under Sections 103, 80 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. He applied for bail, claiming that the FIR contains only a generic allegation against all accused and that there is no specific charge against him. The prosecution opposed bail, highlighting his four prior criminal antecedents, though he is already on bail in two of those cases. The Court observed that the FIR does not specifically allege any act by the petitioner and that the principal accused (the husband of the deceased) is already in custody. Consequently, the Court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the absence of a specific allegation against him in the FIR and his prior criminal antecedents.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 3(5), 80
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- criminal antecedent
- Bihar Narcotic Substances Act
- Dowry Prohibition Act
- criminal procedure
- FIR
- generic allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20921 of 2026
Arising Out of PS. Case No.-54 Year-2025 Thana- Lokha District- Supaul
======================================================
Phulendra Yadav Son of Rajendra Yadav Resident of Village- Kajra
(Mohania) Ward No. 12, PS.- Lokaha, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Patla Kumari, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Ms. Patla Kumari, learned counsel for the
petitioner and Mr. Jai Narain Thakur, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.10.2025 in connection with Lokaha P.S. Case No. 54 of
2025, F.I.R. dated 20.06.2025 for the offences punishable under
Sections 103, 80 and 3(5) of the BNS, 2023 and Section 3/4 of
the Dowery Prohibition Act.
3. According to prosecution case, all the accused
persons including this petitioner have killed the informant's
sister due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.20921 of 2026(2) dt.30-03-2026
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present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. She further submits that the informant is not
the eye witness of the alleged occurrence and merely on the
basis of suspicion the informant has filed the present case. From
perusal of the FIR it appears that although the petitioner is
named in the FIR but there is no specific allegation of assault or
demand of dowry against this petitioner rather there is general
and omnibus allegation against all the accused persons including
this petitioner. As per the allegation in the FIR, the father-in-law
and husband of the deceased have strangulated the deceased and
petitioner has been made accused merely on the ground that he
is cousin father-in-law of the deceased. The husband of the
deceased is languishing in judicial custody and the petitioner is
in custody since 17.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner is named in the FIR and apart from
that the petitioner carries four criminal antecedents other than
the present one but fairly submits that he is on bail in two cases
and rest two cases are pending for consideration before the
competent Court of law.
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6. Considering the aforesaid facts and circumstances
that there is no specific allegation against the petitioner in the
FIR and the husband of the deceased is in judicial custody, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Supaul in connection with Lokaha P.S.
Case No. 54 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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